Sex Crimes Require Registration Sex Offender Virginia Beach

Sex Crimes That Require Registration As A Sex Offender – Virginia Lawyers

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Sex Crimes That Require Registration As A Sex Offender – Attorneys In Virginia

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Sex Crimes Require Registration Sex Offender Virginia Beach

Sex Crimes Require Registration Sex Offender Virginia Beach

Miller v. Commonwealth

Facts:

Defendant argued that the trial court erred in finding that his prior convictions for sex crimes in North Carolina required him to register as a sex offender in Virginia. Specifically, defendant contended that the North Carolina crimes of aiding and abetting a second-degree rape and aiding and abetting a second-degree sex offense were not substantially similar to any corresponding Virginia crimes as delineated in Va. Code Ann. § 9.1-902. The appellate court concluded that the plain language of § 9.1-902 required registration if the statute under which defendant was convicted was “similar” to a Virginia statute which would require registration.

If you are facing a criminal case in Virginia Beach, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:
  •  The General Assembly enacted the Virginia Sex Offender and Crimes against Minors Registry Act to assist the efforts of law-enforcement agencies and others to protect their communities and families from repeat sex offenders and to protect children from becoming victims of criminal offenders by helping to prevent such individuals from being allowed to work directly with children. Va. Code Ann. § 9.1-900. To further this objective, the General Assembly decreed that the provisions in the Act are to be construed liberally to effect the purpose of the Act. Va. Code Ann. § 9.1-920.

Sex Offenders are required registration for the following sex offenses in Virginia:

Statute

Name of offense

First time Conviction

18.2-48(ii)(iii) Abduction for Immoral Purpose
18.2-61 Rape
18.2-63 Carnal Knowledge of Minor (Victim ages 13-14) where the perpetrator is more than five years older than the victim
18.2-67.1 Forcible Sodomy
18-2-67.2 Object Sexual Penetration
18.2-67.3 Aggravated Sexual Battery
18.2-67.4 Sexual Battery where the perpetrator is 18 years of age or older and the victim is under the age of 6
18.2.67.5 (A) (B) Attempt Rape, Forcible Sodomy Object Sexual Penetration, Aggravated Sexual Battery
18.2-370 Taking Indecent Liberties with Minor
18.2-370.1 Taking Indecent Liberties with Minor by Person in Custodial or Supervisory Relationship
18.2-374.1 Production, Distribution, Financing, etc. of Child Pornography
A Second or subsequent conviction, where the individual was at liberty between such convictions, of the following
18.2-63 Carnal Knowledge of Minor (Victim Ages 13-14)
18.2-64.1 Carnal Knowledge of Minor (Victim 15 or older) Supervisory Relationship
18.2-67.2:1 Marital Sexual Assault (Repealed 2005)
18.2-90 Enter Dwelling House with intent to Rape
A second or subsequent conviction, where the individual was at liberty between such convictions, and where the victim is a minor or is physically helpless or mentally incapacitated as defined in §18.2-67.10, a violation or attempted violation of:
18.2-47(A) Abduction
18.2-48 (i) Abduction of any Child for Extortion
18.2-67.4 Sexual Battery
18.2-67.5 (C) Attempted Sexual Battery
18.2-361 Crimes Against Nature (Sodomy)
18.2-366 Adultery & Fornication by Person Forbidden to Marry: Incest
18.2-374.1:1(C) Possess Child Pornography (2 or more convictions)
If the offense was committed on or after July 1, 2006 and if the person has been convicted or adjudicated delinquent of any two or more such offenses, provided that person had been at liberty between such convictions or adjudications:
18.2-91 Enter Dwelling House etc. with intent to Commit Felony
18.2-31,18.2-32 Murder (Victim is under 15) or (Victim is 15-17) is related to an offense under §9-1-902
18.2-63 Carnal Knowledge of Minor (Victim Ages 13 – 14) if the perpetrator is less than 5 years older than the victim
18.2-64.1 Carnal Knowledge of Minor (Victim 15 or older) Supervisory Relationship
18.2.67.2:1 Marital Sexual Assault (Repealed in 2005)
18.2-67.4 Sexual Battery (3 or more convictions)
18.2-67.4:2 Sexual Abuse Against Child under 15 (3 or more convictions)
18.2-67.5 (C) Attempted Sexual Battery (3 or more convictions)
18.2-90 Enter Dwelling House etc. with intent to Rape
18.2-370.6 Penetration of the Mouth of a Child with Lascivious Intent
18.2-374.1:1 (B)(C)(D) Possession of Child Pornography
18.2-386.1 Unlawful filming, videotaping or photographing of another (3 or more convictions)
18.2-374.3 (B)(C)(D) Use of Communication System to Solicit a Minor to Violate §18.2-370, Indecent Liberties With A Minor
18.2-374.3 (B)(iv) Use of Communication System to Solicit a Minor to Violate §18.2-370, Indecent Liberties With A Minor (as it was in effect 6/30/07)
Or If the offense is committed on or after July 1, 2006
18.2-91 Enter Dwelling House etc. with intent to Commit Felony listed under §9.1-902
18.2-374.1:1(A) Possession of Child Pornography
18.2-67.5:1 Third misdemeanor sexual offense
Or Where the victim is a minor or is physically helpless or mentally incapacitated as defined in §18.2-67.10, a violation or attempted violation of:
18.2-47 (A) Abduction
18.2-48(i) Abduction of any Child for Extortion
18.2-67.4 Sexual Battery
18.2-67.5 (C) Attempted Sexual Battery
18.2-361 Crimes Against Nature (Sodomy)
18.2-366 Adultery & Fornication by Person Forbidden to Marry: Incest
Or Any Criminal Homicide in conjunction with a violation of clause (i) of §18.2-371 (Contributing to the delinquency) or §18.2-371.1 (abuse and neglect of children) when the offenses arise out of the same incident.
Or “Offense for which registration is required” includes (i) any similar offense under the laws of any foreign country or any political subdivision thereof, the United States or any political subdivision thereof
Or Any offense for which registration in a Sex Offender and Crimes Against Minor Registry is required under the laws of the jurisdiction where the offender was convicted.
Or Persons convicted in other jurisdictions of substantially similar laws must register in Virginia as though the conviction was for a Virginia offense. Also, persons required to register as a sex offender in the state of conviction must also register in Virginia if not otherwise required to under the Act.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Beach Fredericksburg Lynchburg

Sex Crimes That Require Registration As A Sex Offender – Attorneys In Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Virginia Beach Court House Detail:

Virginia Beach Circuit Court

2425 Nimmo Parkway
Building 10, 4th Floor,
Virginia Beach, VA 23456-9017

Virginia Beach General District Court

2425 Nimmo Parkway,
Virginia Beach, VA 23456-9057

Virginia Beach Juvenile and Domestic Relations District Court

2425 Nimmo Parkway, Building 10
Judicial Complex 10A,
Municipal Center
Virginia Beach, VA 23456

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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